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"Affirmative Action" and Equal Protection in Higher Education. CRS Report R45481, Version 3. Updated
Back, Christine J.; Hsin, JD S. – Congressional Research Service, 2019
The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…
Descriptors: Affirmative Action, Equal Protection, Higher Education, Federal Courts

MacKenzie, Charles S. – Journal of General Education, 1980
Argues that increased federal regulation in the name of accountability will diminish the quality and innovative capacity of higher education. Examines pending litigation that would automatically subject a college to federal regulation if its students accept federal aid and thus become "conduits" of federal assistance to the institution.…
Descriptors: Court Litigation, Federal Aid, Federal Courts, Federal Regulation
Blumenstyk, Goldie – Chronicle of Higher Education, 1991
The Justice Department restated and clarified its position in a landmark higher education desegregation case to be heard in the Supreme Court, providing a substantial boost to Black-college supporters. The new brief explicitly affirms federal government support for historically Black colleges, calling them a vital component of U.S. higher…
Descriptors: Black Colleges, College Role, Court Litigation, Federal Aid
Pratt, John H. – Chronicle of Higher Education, 1988
The text of Judge John H. Pratt order dismissing the "Adams" college desegregation case is presented. (MLW)
Descriptors: Civil Rights Legislation, College Desegregation, Court Litigation, Desegregation Litigation
Jaschik, Scott – Chronicle of Higher Education, 1991
A decision in the case involving the "Silver Spring Monkeys" and National Institutes of Health research left open the possibility of suing the federal agency in state courts, possibly making it easier for animal-rights groups to block some animal research. However, the ruling addresses only a narrow jurisdictional question. (MSE)
Descriptors: Civil Liberties, Court Litigation, Federal Aid, Federal Courts
Leatherman, Courtney – Chronicle of Higher Education, 1988
A new bill specifically states that an entire institution is covered by antidiscrimination laws if it receives any federal support. The bill was designed to counteract the effects of a 1984 Supreme Court decision involving Grove City College, and it applies to sex, age, disability, and racial discrimination laws. (MSE)
Descriptors: Age Discrimination, Civil Rights Legislation, Court Litigation, Disabilities
Jaschik, Scott – Chronicle of Higher Education, 1995
A Supreme Court ruling found that federal programs or policies based on race must meet a legal test of strict scrutiny, requiring the program to demonstrate a compelling government interest and be narrowly tailored. Legal experts suggest that few federal affirmative action programs currently meet the standard. (MSE)
Descriptors: Affirmative Action, Compliance (Legal), Constitutional Law, Court Litigation
Blum, Debra E. – Chronicle of Higher Education, 1995
A federal district court has ruled that Brown University (RI) discriminates against its women's athletics programs, in violation of federal law. The university's stance on the law, which questions government interpretation, has been controversial. The suit was brought by nine female athletes seeking reinstatement of gymnastics and volleyball…
Descriptors: Administrative Policy, College Athletics, Court Litigation, Equal Education
Thompson, Dorothy Israel – Washburn Law Journal, 1979
Reviews major issues arising in federal courts as a result of administrative and individual attempts to enforce the congressional mandate against sex discrimination. Evaluates the extent to which judicial decisions promote or impede progress. Available from School of Law, Washburn University of Topeka, Topeka, KS 66621. (Author/IRT)
Descriptors: Athletics, Compliance (Legal), Court Litigation, Elementary Secondary Education
Thomas, Ann Van Wynen; Thomas, A. J., Jr. – 1969
This report discusses the constitutionality of state aid to church-related institutions of higher education. The introduction deals with the important role that private institutions play in the total system of higher education, the seriousness of their financial plight, and the necessity for increased state aid to these institutions. Sections 2…
Descriptors: Church Related Colleges, Court Litigation, Federal Aid, Federal Courts

Brammer, Florence I. – University of Cincinnati Law Review, 1979
The sex discrimination case of Geraldine Cannon in applying to medical schools is reviewed and related; earlier cases are examined. The standards set by the courts in these cases are discussed, and the roles of federal agencies and the courts are examined. (MSE)
Descriptors: Access to Education, Agency Role, Civil Rights, Court Litigation
1980
The motion of the American Council of Education (ACE) and the National Institute of Independent Colleges and Universities (NIICU) to reverse the Fifth Circuit Court of Appeals decision in The University of Texas vs. Walter Camenisch is presented. The decision had ordered the university to provide free interpreter services to Camenisch, a deaf…
Descriptors: Constitutional Law, Court Litigation, Deafness, Educational Legislation

Gaffney, Edward M., Jr. – Journal of College and University Law, 1999
Explores six court cases in which the court addressed the permissibility of aid to higher education under the federal constitution. While state court interpretations may shift because of "Ex Corde Ecclesiae," the Papal constitution on higher education, it is seen as unlikely that federal or state taxing authorities will revoke…
Descriptors: Catholic Educators, Church Related Colleges, College Administration, Constitutional Law

Alexander, F. King; Alexander, Klinton W. – Journal of Law and Education, 2000
The Pope called upon Roman Catholic institutions of higher learning to "make known their Catholic identity" by integrating Catholic teaching and discipline in all university activities. Religious institutions find themselves facing precarious legal challenges, where the constitutionality of government appropriations could be challenged,…
Descriptors: Academic Freedom, Catholic Educators, Church Related Colleges, Constitutional Law